Lytle v. Baldinger

Citations

• 84 Ohio St. (N.S.) 1

Syllabus

<p>Petitiqn to set aside fraudulent sale■ — Does not constitute cause of action — Unless averring transferee knew of the fraudulent intent, when — Transfer by insolvent husband — To wife of insurance policy — Not in fratid of creditors, when — Section 6343, Revised Statutes — Creditor’s remedy in Section 3628, Revised Statutes.</p> <p>1. A petition to set aside a fraudulent sale or transfer made .in vio- - lation of the provisions of Section 6343, Revised Statutes, which does not aver ‘that the person to whom the sale, conveyance, transfer, mortgage or assignment is made knew at the time of the transaction of the fraudulent intent on the part of the debtor does not state facts sufficient to constitute a cause of action.</p> <p>2. A transfer by an insolvent husband to his wife of a policy of insurance then in force on the life of the husband is not an assignment of property in fraud of creditors or to hinder or delay creditors within the contemplation of Section 6343, Revised Statutes.</p> <p>3. In such case the only remedy of the creditor is found in the provisions of Section 3628, Revised Statutes.</p>